Democracy in the age of data
By Amit Kapoor
"Data is the new oil" has been a clichéd maxim of the internet age. But the events that unfolded last week have underlined the extent of complexities that can be created in society depending on the nature of its usage.
A year-long investigation by multiple media outlets in the US and Britain revealed that a consulting firm, Cambridge Analytica, accessed data of at least 50 million social media users without their proper consent. They then used these data points to psychologically profile people and individually target them with politically-motivated content to manipulate the 2016 US presidential elections. A similar approach was used to influence electoral outcomes all around the world, possibly even in India.
Even though the process of manipulating the political narrative during elections is not something new, there is something sinister about for-profit organisations and foreign agents using data technologies to disrupt democratic norms. If electoral outcomes come to be defined by exploiting deep-rooted psychological fears of voters based on data analytics instead of developmental issues that drive progress and prosperity, social cohesion will fall under immediate threat, proving pernicious to the very fabric of democracy. The political vision of governments and politicians need to be steered by people instead of mathematical algorithms.
It must be highlighted that social media and the vast explosion of data due to it are not the problems per se. However, when societies are finding themselves being increasingly run by data, a defined set of ethical norms need to be formulated to guide its use. The issue is of the utmost importance for India, as it has a significant online presence that is vulnerable to privacy violations. It has the highest number of Facebook users and the second-highest number of Twitter users in the world -- with a combined reach of almost 300 million.
A committee of experts under Justice B.N. Srikrishna has already been set up to deliberate upon a data protection framework for India. It is working on drafting a data protection bill and has deliberated on a number of pertinent issues like what constitutes "personal data", the specifications of consent and establishment of a data protection authority. A white paper has also been published by the authority, detailing a lengthy discourse on these very issues. Meanwhile, the Parliamentary Standing Committee on Information Technology has also listed "Citizens' data security and privacy" as a subject of study. However, not much seems to have been done on the topic. Recent events might hopefully set the ball rolling on that front and inspire a multi-partisan report on the matter.
Once the processes of setting up a robust framework of regulatory policy and statutory law to govern matters of data privacy are complete, there will be a requirement to establish cultural expectations that incorporate ethical standards right when the data technologies are being built. The application of regulatory mechanisms after individuals have been profiled is akin to closing the stable doors after the horses have bolted. The race to become the next-big-thing in technology has placed ethics on the backseat and, hence, it is often the case that investigations are conducted, and apologies are demanded, only after the damage has been done. The environment of "develop first, question later" will have to change.
The issue of data and privacy regulations will become even more important as technological companies gain greater market share in provision of financial services instead of traditional banks. When you instantly transfer money to friends and family over apps like WhatsApp to avoid the hassle of asking around for bank account numbers, the company gains direct access to your transactions. The power of that data will lie with the entity which posses it. Interestingly, retail banks will begin to lose out on this essential oil as it will be unable to identify customer interactions once it shifts to these new age non-banks.
The use of data mining as a strategic tool, put in the right hands, can be a powerful tool to understand societal preferences and address consumer needs. However, no good comes with a complementing bad and our democratic societies need to be wary of the latter by building robust security mechanisms that ensure privacy and consent. At times, even that might not be enough. Consumers willingly hand over a lot of personal information for the convenience of services without knowledge of the consequences of their actions and the eventual use of the data. Therefore, a final action that needs to be undertaken in the world of data is to build user-awareness. There is simply no substitute to a well-informed consumer base.
(Amit Kapoor is chair, Institute for Competitiveness. The views expressed are personal. He can be contacted at amit.kapoor@competitiveness.in and tweets @kautiliya. Chirag Yadav, senior researcher, Institute for Competitiveness, has contributed to the article)
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Single higher education regulator bill tabled in LS; Oppn flags ‘centralisation,' JPC likely
New Delhi: A bill to set up a 13-member body to regulate institutions of higher education was introduced in the Lok Sabha on Monday.
Union Education Minister Dharmendra Pradhan introduced the Viksit Bharat Shiksha Adhishthan Bill, which seeks to establish an overarching higher education commission along with three councils for regulation, accreditation, and ensuring academic standards for universities and higher education institutions in India.
Meanwhile, the move drew strong opposition, with members warning that it could weaken institutional autonomy and result in excessive centralisation of higher education in India.
The Viksit Bharat Shiksha Adhishthan Bill, 2025, earlier known as the Higher Education Council of India (HECI) Bill, has been introduced in line with the National Education Policy (NEP) 2020.
The proposed legislation seeks to merge three existing regulatory bodies, the University Grants Commission (UGC), the All India Council for Technical Education (AICTE), and the National Council for Teacher Education (NCTE), into a single unified body called the Viksit Bharat Shiksha Adhishthan.
At present, the UGC regulates non-technical higher education institutions, the AICTE oversees technical education, and the NCTE governs teacher education in India.
Under the proposed framework, the new commission will function through three separate councils responsible for regulation, accreditation, and the maintenance of academic standards across universities and higher education institutions in the country.
According to the Bill, the present challenges faced by higher educational institutions due to the multiplicity of regulators having non-harmonised regulatory approval protocols will be done away with.
The higher education commission, which will be headed by a chairperson appointed by the President of India, will cover all central universities and colleges under it, institutes of national importance functioning under the administrative purview of the Ministry of Education, including IITs, NITs, IISc, IISERs, IIMs, and IIITs.
At present, IITs and IIMs are not regulated by the University Grants Commission (UGC).
Government to refer bill to JPC; Oppn slams it
The government has expressed its willingness to refer it to a joint committee after several members of the Lok Sabha expressed strong opposition to the Bill, stating that they were not given time to study its provisions.
Responding to the opposition, Parliamentary Affairs Minister Kiren Rijiju said the government intends to refer the Bill to a Joint Parliamentary Committee (JPC) for detailed examination.
Congress Lok Sabha MP Manish Tewari warned that the Bill could result in “excessive centralisation” of higher education. He argued that the proposed law violates the constitutional division of legislative powers between the Union and the states.
According to him, the Bill goes beyond setting academic standards and intrudes into areas such as administration, affiliation, and the establishment and closure of university campuses. These matters, he said, fall under Entry 25 of the Concurrent List and Entry 32 of the State List, which cover the incorporation and regulation of state universities.
Tewari further stated that the Bill suffers from “excessive delegation of legislative power” to the proposed commission. He pointed out that crucial aspects such as accreditation frameworks, degree-granting powers, penalties, institutional autonomy, and even the supersession of institutions are left to be decided through rules, regulations, and executive directions. He argued that this amounts to a violation of established constitutional principles governing delegated legislation.
Under the Bill, the regulatory council will have the power to impose heavy penalties on higher education institutions for violating provisions of the Act or related rules. Penalties range from ₹10 lakh to ₹75 lakh for repeated violations, while establishing an institution without approval from the commission or the state government could attract a fine of up to ₹2 crore.
Concerns were also raised by members from southern states over the Hindi nomenclature of the Bill. N.K. Premachandran, an MP from the Revolutionary Socialist Party representing Kollam in Kerala, said even the name of the Bill was difficult to pronounce.
He pointed out that under Article 348 of the Constitution, the text of any Bill introduced in Parliament must be in English unless Parliament decides otherwise.
DMK MP T.M. Selvaganapathy also criticised the government for naming laws and schemes only in Hindi. He said the Constitution clearly mandates that the nomenclature of a Bill should be in English so that citizens across the country can understand its intent.
Congress MP S. Jothimani from Tamil Nadu’s Karur constituency described the Bill as another attempt to impose Hindi and termed it “an attack on federalism.”
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